New Zealand Acts

TE TURE WHENUA MAORI ACT 1993

- As at 23 December 2023
- Act 4 of 1993

TABLE OF PROVISIONS

           Long Title

   1.      Short Title and commencement
   2.      Interpretation of Act generally
   3.      Interpretation of Maori terms
   4.      Interpretation
   4A.     Transitional, savings, and related provisions
   5.      Act to bind the Crown

   PART 1 - The Maori Land Court

   6.      Maori Land Court to continue
   7.      Appointment of Judges
   7AA.    Judge not to undertake other employment or hold other office
   7AB.    Protocol relating to activities of Judges
   7A.     Judges act on full-time basis but may be authorised to act part-time
   8.      Chief Judge and deputy
   8A.     Delegation to Deputy Chief Judge
   9.      Appointment of temporary Judges
   10.     Former Judges
   11.     Certificate by Chief Judge and 1 other Judge prerequisite
   12.     Tenure of office
   12A.    Judges to have immunities of High Court Judges
   13.     Salaries and allowances of Judges
   14.     Administration of court
   15.     Court districts
   16.     Seal of court
   17.     General objectives
   18.     General jurisdiction of court
   19.     Jurisdiction in respect of injunctions
   20.     Jurisdiction in actions for recovery of land
   20A.    Jurisdiction in relation to mortgages
   21.     Power of court to grant relief against forfeiture
   22.     Power of court to grant relief against refusal to grant renewal
   22A.    Power of court to grant specific performance of leases of Maori freehold land
   22B.    Power of court in relation to easements and covenants over Maori freehold land
   23.     Power of court to authorise entry for erecting or repairing buildings, etc
   24.     Power of court to grant relief if building is on wrong land or encroachment exists
   24A.    Powers of court relating to contracts privity and contractual remedies
   24B.    Power to award interest on debt or damages
   24C.    Equitable relief
   25.     Power of court to make order to restore effect of lost instruments of alienation
   26.     Jurisdiction of court under Fencing Act 1978
           Note
   26A.    Interpretation
   26B.    Advisory jurisdiction of court
   26C.    Jurisdiction of court to make determinations
   26D.    Principles applying to exercise of jurisdiction in relation to Maori Fisheries Act 2004
   26E.    Procedure of court in its advisory jurisdiction
   26F.    Procedure of court in making determinations
   26G.    Powers of court if application referred under section 26F(3)(b)
   26H.    Appointment of mediator
   26I.    Judge appointed as mediator
   26J.    Conduct of mediation
   26K.    Successful mediation
   26L.    Unsuccessful mediation
   26M.    Orders and interim orders
   26N.    Proceedings where additional members appointed
           Note
   26O.    Interpretation
   26P.    Advisory jurisdiction of court
   26Q.    Jurisdiction of court to make determinations
   26R.    Principles applying to exercise of jurisdiction in relation to Maori Commercial Aquaculture Claims Settlement Act 2004
   26S.    Procedure of court in its advisory jurisdiction
   26T.    Procedure of court in making determinations
   26U.    Powers of court if application referred under section 26T(3)(b)
   26V.    Appointment of mediator
   26W.    Judge appointed as mediator
   26X.    Conduct of mediation
   26Y.    Successful mediation
   26Z.    Unsuccessful mediation
   26ZA.   Orders and interim orders
   26ZB.   Proceedings where additional members appointed
           Note
   27.     Governor-General may confer special jurisdiction
   28.     Additional members for purposes of court’s special jurisdiction
   29.     Reference to court for inquiry
   30.     Maori Land Court’s jurisdiction to advise on or determine representation of Maori groups
   30A.    Intent of sections
   30A.    Review of representatives
   30B.    Powers of Judge in addressing requests for advice
   30C.    Powers of Judge in addressing applications for determination
   30D.    Appointment of mediator
   30E.    Conduct of mediation
   30F.    Successful mediation
   30G.    Unsuccessful mediation
   30H.    Orders
   30I.    Review of advice or determination
   30J.    Definition of persons affected
   31.     Additional members for purposes of inquiry
   32.     Additional members for purposes of inquiry in relation to matter of tikanga Maori
   32A.    Additional members who know relevant tikanga Maori or whakapapa for proceedings about Maori land
   33.     Additional members in relation to matter of representation
   34.     Oath to be taken by additional member
   35.     Fees and allowances
   36.     Quorum and decisions
   37.     Exercise of jurisdiction generally
   38.     Powers of court may be exercised by any Judge
   39.     Powers of Registrars
   40.     Power of Judge to refer matter to Registrar
   40A.    Judge may convene judicial settlement conference
   41.     Orders to be pronounced in open court, and minute recorded
   42.     Commencement of orders
   43.     Rehearings
   44.     Chief Judge may correct mistakes and omissions
   45.     Applications for exercise of special powers
   46.     Powers of Chief Judge in respect of applications
   47.     Administrative and consequential matters
   48.     Matters already finalised or pending
           Note
   48A.    Deputy Chief Judge may exercise special powers of Chief Judge
           Note
   49.     Appeals

   PART 2 - The Maori Appellate Court

   50.     Maori Appellate Court to continue
   51.     Constitution of court
   52.     Officers of Maori Land Court to be officers of Maori Appellate Court
   53.     Seal
   54.     Successive appeals in respect of same matter
   55.     Appeals to be by way of rehearing
   56.     Powers of court on appeal
   57.     Decision of majority to be decision of court
   58.     Appeals from Maori Land Court
   58A.    Further appeal to Court of Appeal from Maori Appellate Court
   58B.    Direct appeal to Supreme Court from Maori Appellate Court in exceptional circumstances
   59.     Appeals from provisional determinations
   60.     Maori Land Court may state case for Maori Appellate Court
   61.     High Court may state case for Maori Appellate Court
   62.     Additional members with knowledge and experience in tikanga Maori
   63.     Quorum and decision of court
   64.     Commencement of orders

   PART 3 - Provisions relating to both courts

   65.     Application
   66.     Conduct of proceedings generally
   67.     Powers of Judge to call conference and give directions
   68.     Parties and witnesses may use Maori language
   69.     Evidence in proceedings
   70.     Representation of parties, etc
   71.     Court may amend proceedings
   72.     Case may be stated for High Court
   73.     Orders may be made subject to conditions
   74.     Orders not invalid for want of form, etc
   75.     Orders nominally in favour of deceased persons
   76.     Persons bound by orders affecting land
   77.     Orders affecting Maori land conclusive after 10 years
   78.     Exemptions from stamp duty
   79.     Orders as to costs
   80.     Taxation of costs
   81.     Enforcement of orders for payment of money
   81A.    Enforcement of orders for recovery of land
   82.     Charging orders
   83.     Appointment of receiver to enforce charges, etc
   84.     Court may order repayment out of money held by trustee, etc
   85.     Enforcement by High Court of injunctions
   86.     Amendment of orders, warrants, etc
   87.     Amendment of names of land owners in court records and titles
   88.     Amendment or cancellation of orders not to affect acquired rights
   89.     Failure to comply with summons, etc
   90.     Application of Contempt of Court Act 2019
   91.     Obstructing officers of court
   92.     Constitution of Rules Committee
   93.     Fees and travelling allowances
   94.     Principal function of Rules Committee
   95.     Rules of court
   96.     Regulations
   97.     Practice notes
   98.     Maori Land Court Special Aid Fund
   98A.    Information regarding reserved judgments
   98B.    Recusal guidelines
   98C.    Judge may make order restricting commencement or continuation of proceeding
   98D.    Grounds for making section 98C order
   98E.    Terms of section 98C order
   98F.    Procedure and appeals relating to section 98C orders
   98G.    References to Judge in sections 98C to 98F

   PART 3A - Dispute resolution
   Note

   98H.    Matters to which this Part applies
   98I.    Purpose of this Part
   98J.    Mediation is always voluntary
   98K.    Powers of Judge or Registrar subject to rules of court
   98L.    Dispute may be referred to mediation
   98M.    Appointment of mediator
   98N.    Judge appointed as mediator
   98O.    Conduct of mediation
   98P.    Successful mediation
   98Q.    Unsuccessful mediation of issues from court proceedings
   98R.    Unsuccessful mediation of other issues
   98S.    Orders

   PART 4 - Administration of estates

   99.     Interpretation
   100.    Application of this Part
   101.    General law to apply subject to this Part
   102.    Jurisdiction of High Court continued
   103.    Jurisdiction of High Court where administration granted by Maori Land Court
   104.    Liability of Maori land for payment of debts of estate
   105.    Duty payable on succession to Maori land
   106.    Special provisions relating to testamentary promises and family protection
   107.    Special provisions relating to status of children, etc
   107A.   Succession when class of persons are beneficial owners or beneficiaries
   108.    Disposition by will
   108A.   Disposition by will of spouse’s or partner’s rights to occupy and receive income
   109.    Succession to Maori freehold land on intestacy
   109AA.  Succession on intestacy subject to spouse’s or partner’s rights to occupy and receive income
   109A.   Succession to ota whakanoho on intestacy
   110.    Succession on intestacy to property other than Maori land
   111.    Interests in General land of deceased Maori
   112.    Transmission of Maori land to administrator
   113.    Maori Land Court to determine succession to beneficial entitlements to Maori freehold land
   113A.   Registrar may determine succession to interests in Maori freehold land and make related orders
   114.    Succession to Maori land on intestacy where no person primarily entitled
   114A.   Descent relationships for whangai determined by tikanga Maori
   115.    Court may determine whangai and descent relationships of whangai
   116.    Court may provide for person to have rights to occupy and receive income despite no descent relationship of whangai
   117.    Vesting in persons beneficially entitled following grant of administration
   118.    Vesting in persons beneficially entitled where no grant of administration
   118A.   Circumstances when certain assets and payments must be held in trust
   118B.   Circumstances when certain transfers and payments must be held in trust
   119.    Court’s powers in relation to whanau and putea trusts
   119A.   Vesting of ota whakanoho
   120.    Special succession fee where death occurred before 1 April 1968
   121.    Special provisions relating to succession to shares in Maori incorporations

   PART 5 - Recording of ownership

   122.    Application of Part
   123.    Orders affecting title to Maori freehold land to be registered
   124.    Special provisions where insufficient survey plan
   125.    Alterations in registration of title
   125A.   Alteration to land appellation
   126.    No registration without prior confirmation
   127.    Registrar of court to record ownership
   128.    Court may issue declaratory consolidated order
   128A.   Registrar may advise local authority whether rating units were previously part of same block of Maori freehold land

   PART 6 - Status of land

   129.    All land to have particular status for purposes of Act
   130.    Certain status not to change except in limited circumstances
   131.    Court may determine status of land
   131A.   Change from Crown land to Maori customary land by order
   132.    Change from Maori customary land to Maori freehold land by vesting order
   133.    Change from General land or General land owned by Maori to Maori freehold land by status order
   134.    Change to Maori freehold land by vesting order on change of ownership
   135.    Change from Maori land to General land by status order
   136.    Power to change status of Maori land owned by not more than 10 persons
   137.    Power to change status of Maori land
   138.    Alternative or additional power of court
   139.    Registration of vesting orders where land formerly Maori customary land
   140.    Registration of other orders
   141.    Effect of vesting orders upon registration
   142.    Effect of status orders upon registration
   143.    Other land deemed Maori freehold land for succession purposes in certain circumstances
   144.    Recovery of, or trespass or injury to, Maori customary land

   PART 7 - Alienation of Maori land

   145.    Maori customary land cannot be alienated
   146.    Alienation of Maori freehold land
   147.    Alienation of whole or part of block
   147A.   Right of first refusal for sale or gift
   148.    Alienation of undivided interests
   149.    Alienation of equitable interests
   150.    Manner of alienation of interests in Maori freehold land
   150A.   Alienation by trustees
   150B.   Alienation by Maori incorporation
   150C.   Alienation by other owners
   150D.   Life interests
   150E.   Exclusion of interests in Maori land founded on adverse possession

   PART 8 - Duties and powers of court in relation to alienations of Maori freehold land

   151.    Application for confirmation
   152.    Court to grant confirmation if satisfied of certain matters
   153.    Court’s general discretion
   154.    Grounds on which court may refuse confirmation
   155.    Manner of confirmation
   156.    Effect of confirmation
   157.    Execution of instrument of alienation to give effect to resolution
   158.    Special valuation required except in special cases
   159.    Proceeds of alienation to be paid to Māori Trustee, court appointed agent, or trustees
   160.    Certain instruments require only certificate of confirmation by Registrar
   161.    Certain instruments require only noting by Registrar
   162.    Failure to act on resolution
   163.    Jurisdiction of High Court to rectify instruments
   164.    Transfer of land or undivided interest by court vesting orders
   165.    Vesting of interest held in representative capacity
   166.    Other powers of court to make vesting orders preserved
   167.    Interests to remain subject to existing charges after vesting
   168.    Liability of vesting orders to conveyance duty

   PART 9 - Powers of assembled owners

   169.    Application of this Part
   170.    Owners and assembled owners defined
   171.    Sale of timber, etc, to constitute alienation for purposes of this Part
   172.    Matters that may be dealt with by assembled owners
   173.    Calling of meetings
   174.    Notice of meetings
   175.    Confirmation required
   176.    Court may confirm resolution passed at informal family gathering
   177.    Security for calling meeting to reconsider rejected proposal
   178.    Court may review meeting
   179.    Regulations

   PART 10 - Representation of owners of Maori land

   180.    Purpose of this Part
   181.    Notice to owners of Maori land may be given to Registrar in certain cases
   182.    Action of court on receipt of notice
   183.    Court may appoint agent of owners for purposes of notices, etc
   184.    Provisions applicable where meeting of owners to be summoned
   185.    Appointment of agents for purposes of alienation, etc
   186.    Order of appointment
   187.    Powers of agents
   188.    Service of notice on agents
   189.    Court may call for account
   190.    Costs of agents
   191.    Termination of agency

   PART 11 - Leases

   192.    Interpretation
   193.    Application of provisions of Part 11
   194.    Leases not to contain option to purchase
   195.    Māori Trustee to exercise certain powers and duties if no other agent appointed
   196.    Execution of renewals
   197.    Appointment of valuers for purposes of lease
   198.    Enforcement of covenants of lease
   199.    Assignment or sublease of lease
   200.    Execution of instruments
   201.    Valuations for revision of rent
   202.    New rent payable pending objections
   203.    Apportionment of rent
   204.    Service of notices
   205.    Special savings provision
   206.    Application of sections 207 to 209
   207.    Compensation to be ascertained by valuation
   208.    Notice of valuation and right of objection
   209.    Record of improvements, etc

   PART 12 - Trusts

   210.    Interpretation
   211.    Maori Land Court to have exclusive jurisdiction
   212.    Putea trusts in respect of land interests
   213.    Interests of beneficiaries of putea trust
   214.    Whanau trusts
   215.    Ahu whenua trusts
   216.    Whenua topu trusts
   217.    Kai tiaki trusts
   218.    Maori community purposes
   219.    Trust order
   220.    Vesting order
   220A.   Registration of land in name of trust or tipuna
   221.    Power of court to amalgamate trusts
   222.    Appointment of trustees
   223.    General functions of responsible trustees
   224.    Special provisions where advisory trustee appointed
   225.    Special provisions where custodian trustee appointed
   226.    General powers of trustees
   227.    Trustees may act by majority
   227A.   Interested trustees
   228.    Trustees’ powers of alienation
   229.    Court may authorise new ventures
   230.    Keeping of accounts
   231.    Review of trusts
   232.    Reports of trustees of kai tiaki trusts
   233.    Reports required where Māori Trustee trustee of kai tiaki trust
   234.    Kai tiaki trusts to be reviewed periodically
   235.    Trusts not subject to limit on duration
   235A.   Registrar may determine simple and uncontested trust matters
   236.    Application of sections 237 to 245
   237.    Jurisdiction of court generally
   238.    Enforcement of obligations of trust
   239.    Addition, reduction, and replacement of trustees
   240.    Removal of trustee
   241.    Termination of trust
   242.    Orders for payment of money held in trust
   243.    Acquisition of land by trustees
   244.    Variation of trust
   245.    Power of court to approve charitable trust

   PART 13 - Maori incorporations

   246.    Interpretation
   247.    Owners may be incorporated
   248.    Terms of order
   249.    Court to fix total number of shares
   250.    Effect of order
   251.    Inclusion in incorporation of owners of additional Maori land
   252.    Incorporations may be amalgamated
   253.    Capacity and powers of incorporation
   253A.   Power to impose limitations or restrictions on powers of incorporation
   254.    Incorporation’s powers of alienation
   255.    Certain instruments require noting by Registrar
   256.    Acquisition of land by incorporation
   257.    Allocation of land to shareholders
   258.    Power to declare charitable trust
   259.    Application of revenues
   260.    Nature of shares in incorporation
   261.    Equitable interests not to be separately dealt with
   262.    Shareholders not personally liable
   263.    Incorporation to have share register
   264.    Method of transfer of shares
   265.    Special rules relating to share registration in certain cases
   266.    Procedure where court makes order relating to ownership of shares
   267.    Unclaimed dividends
   268.    Maori incorporations to have constitution
   269.    Committee of management
   270.    Manner in which powers are to be exercised
   271.    Effect of exercise of powers
   272.    Qualification, disqualification, and removal of members
   273.    Election of chairman of committee and appointment of secretary
   274.    Expenses and remuneration of members of committee
   274A.   Interested members
   274B.   Maori incorporation must maintain interests register
   274C.   Members must make annual declaration for purpose of interests register
   275.    Conduct of meetings of shareholders
   276.    Accounting records to be kept
   276A.   Financial statements must be prepared
   276B.   Financial statements must be filed
   277.    Appointment and duties of auditor
   278.    Appointment of share valuer
   278A.   Adjustment of shareholding
   279.    Register of Maori incorporations
   280.    Investigation of incorporation’s affairs
   281.    Power of court to require officers to attend to explain non-compliance with statutory requirements
   282.    Winding up of incorporation
   283.    Disposal of land on winding up of incorporation
   284.    Regulations

   PART 14 - Title reconstruction and improvement

   285.    Interpretation
   286.    Purpose of this Part
   287.    Jurisdiction of courts
   288.    Matters to be considered
   289.    Partition orders
   290.    Modes of partition
   291.    Discretionary powers of court in making partitions
   292.    Allotment of interests on partition
   293.    Power to award additional land as compensation for improvements, etc
   294.    Saving of interests charged on partitioned land
   295.    Court may apportion rights and obligations
   296.    Dwelling sites for Maori
   297.    Partition orders may be made in respect of land held in trust
   298.    Partition of combined areas
   299.    Registration of partition orders
   300.    Plan approved by court prerequisite to partition of Maori land
   301.    Compliance with provisions of Resource Management Act 1991 relating to subdivisions
   302.    Contributions for reserve purposes
   303.    Subdivision consent and conditions of subdivision consent
   304.    Power to impose restrictions in respect of other partitions
   305.    Reserves contributions, roads, etc
   306.    Cancellation of partition orders
   307.    Amalgamation orders
   308.    Aggregation orders
   309.    Orders to specify relative interests of owners
   310.    Court may make exchange orders
   311.    Land and interests that may be exchanged
   312.    Conditions precedent to making of exchange orders
   313.    Effect of exchange order
   314.    Money payable by way of equality of exchange to be charge on land
   315.    Court may create easements
   315A.   Court may cancel or vary easements
   316.    Court may lay out roadways
   317.    Required consents
   318.    Effect of laying out roadway
   319.    Compensation in respect of roadway
   320.    Roadways may be declared roads or streets
   321.    Land that has been used but not set apart as a road may be declared a road or street
   322.    Court may cancel roadways
   323.    Powers of court on cancellation of roadway
   324.    Unused road or street over Maori land may be stopped by court
   325.    Court may make vesting orders for lands comprised in roads or streets stopped otherwise than under foregoing provisions
   326.    Alienation of land to include alienation of interest in roadway giving access to that land
           Note
   326A.   Meaning of certain terms
   326B.   Reasonable access may be granted in cases of landlocked Maori land
   326C.   Conditions and other matters
   326D.   Additional provisions relating to orders under section 326B or 326C
   327.    Part 21 of Local Government Act 1974 modified in its application to Maori land

   PART 15 - Occupation orders

   328.    Occupation orders
   329.    Matters to be considered
   330.    Power to amend or cancel occupation order
   330A.   Review of occupation orders
   330B.   Obligation to notify territorial authority of occupation order
   331.    Regulations

   PART 16 - Surveys of Maori land

   332.    Power to require surveys
   333.    Power of court to make charging orders on land in respect of costs of survey
   334.    Interest on survey charges
   335.    Power of Minister of Lands to remit survey charges
   336.    Contribution from owners in respect of surveys
   337.    Survey notices

   PART 17 - Maori reservations

   338.    Maori reservations for communal purposes
   338A.   Regulations relating to trustees of Maori reservations
   339.    Court may consider proposal for Maori reservation on application of Minister
   340.    Maori reservation may be held for common use and benefit of people of New Zealand
   341.    Further provisions relating to Maori reservation for marae or meeting place
   341A.   Orders about Maori reservations to be registered

   PART 18 - Miscellaneous provisions

   342.    Protection of Maori land against execution for debt
   343.    Maori land available in bankruptcy
   344.    Co-owners of Maori land not bound by Limitation Act 2010 or other limitation enactments
   345.    Presumptions as to Maori freehold land held by 2 or more owners
   346.    Prevention of waste on Maori land
   347.    Orders in Council and Proclamations affecting title to be registered
   348.    Savings of effect of Land Titles Protection Act 1908
   349.    Declaratory Judgments Act 1908 not affected
   350.    Trustees of persons under disability
   351.    Periodic review of trusts constituted under section 438 of Maori Affairs Act 1953
   352.    Representation of owners of Maori land
   353.    Existing trusts of Maori land not affected
   354.    Existing trusts to continue as ahu whenua trusts
   355.    Provision for completion of sales and subdivisions
   356.    Part 9 not to apply to Maori reserves
   357.    Maori incorporations in existence at commencement of Act
   358.    Land acquired by Maori incorporation before commencement of Act
   358A.   Transitional provisions in relation to objects of Maori incorporations
   359.    Provisions of certain enactments not affected by this Act
   360.    Application of Limitation Act 1950 to Maori customary land
   361.    Limitation of actions in relation to Maori customary land
   362.    Amendments and repeals
           SCHEDULE 1AA
           SCHEDULE 1
           SCHEDULE 2